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Re: Can a debt collecter call my neighbor?


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Posted by LadynRed (199.91.33.254) on January 23, 2003 at 12:30:42:

In Reply to: Can a debt collecter call my neighbor? posted by Kelly on January 23, 2003 at 11:50:02:

They can contact a 3rd party ONE TIME to obtain location information ONLY. Once they know your address and phone number it is a violation of the FDCPA for them to call neighbors again.

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804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

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If they told these 3rd parties anything about being a debt collector or anything about your account, it IS a violation of the law.


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